Legal Definitions - disjuncta

Disjuncta refers to elements, typically words, phrases, or concepts within a legal text or argument, that are presented as distinct, separate, or mutually exclusive alternatives.

Here are some examples to illustrate this concept:

• Contractual Obligations: Imagine a contract for a custom-built item that states, "The manufacturer shall deliver the product by June 1st or pay a penalty of $500." In this scenario, "deliver the product by June 1st" and "pay a penalty of $500" are disjuncta. They represent two distinct and separate outcomes or obligations. The manufacturer fulfills the contract by performing one of these actions, and typically, performing one negates the need to perform the other in that specific context.

• Statutory Requirements: Consider a local ordinance for obtaining a business permit that specifies, "Applicants must provide proof of liability insuranceor post a surety bond." Here, "proof of liability insurance" and "post a surety bond" are disjuncta. They are two separate and distinct methods by which an applicant can satisfy the financial security requirement for the permit. Fulfilling either one is sufficient to meet the legal standard.

• Legal Arguments: In a criminal defense, a lawyer might argue that their client was either "not present at the scene of the crime" or "acted under duress." These two arguments are disjuncta because they present separate and distinct factual or legal theories for the client's innocence. While both aim for the same outcome (acquittal), they are fundamentally different explanations of events, and proving one would typically mean the other is not the primary basis for defense.